Abstract The importance of devolution as a preferred system of governance in Africa cannot be further stressed. History shows a continent that has been marred by underdevelopment, socio-economic marginalisation and hence an unacceptable disregard of socio-economic rights. These challenges have been identified as some of the most stubborn shortcomings of a centralised government. As such this has been the unfortunate common experience of a centralised government that has been shared by Kenya ...
Abstract Indigenous Knowledge (IK) serves as a basic input to sustainable development, perhaps due to its distinctive nature in the knowledge economy. Despite the several benefits of IK to sustainable development, many African nations have lost their cultural and customary knowledge due to inadequate attention of heritage institutions especially libraries, in ensuring that IK constitutes part of their collections. Women are at the forefront of using IK to improve livelihoods in areas such as...
Abstract Asset securitization is one of the new methods of financing beyond the horizon of the traditional equity and debt financing and it is still untested waters in Nigeria. This study is set against the background of possible utility of asset securitization in Nigeria and adequacy or otherwise of the existing law in structuring asset securitization given the peculiarities of the transaction. It adopted the analytical research approach involving analysis of case law and statutory provisio...
ABSTRACT This study ventures into the right to inclusive education for children with visual impairments in primary schools of Zimbabwe. This will be done to establish whether or not Zimbabwe is in conformity with the international standards set by the Convention on the Rights of Persons with Disabilities (CRPD) to which Zimbabwe is a party. The study explores the international and regional frameworks on the right to education. The study further explores the national framework of Zimbabwe on ...
ABSTRACT In recent years unjustified enrichment and restitution has been one of the most intellectually vital areas of private law all over the World except in Nigeria. The thesis examines this principle which has been recognised in other jurisdictions as an independent body of law, either as law of restitution or law of unjustified enrichment different from any other legal obligations or subjects such as contract, tort and property law and which is very effective, more encompassing and bet...
Abstract Access to abortion is necessary to respecting women’s reproductive freedom. Reproductive rights refer to those rights which protect the health and well-being of both men and women.8 Reproductive rights are most fundamental to women as they demand respect for their bodily integrity and decision-making requiring access to voluntary, quality and sexual health services. These rights connote the principle that a woman must be able to control her reproductive and sexual life and entitle ...
ABSTRACT The debate around the relationship between the International Criminal Court and African states has gained more prominence over the past decade, especially in light of the ever increasing atrocities not only on the African continent itself but around the globe as amply demonstrated on the increasing cost of civilian life in Georgia Syria and Gaza just to mention a few. Unfortunately, the debate has only been largely centred around two clear and entrenched positions, that is the Court...
ABSTRACT The subject of sexual minority rights is a very controversial issue in the African society. The conventional understanding of sexual minority rights draws its inspiration from culture and religion to the effect that such conduct is unnatural, taboo and has no place in the African social system. Zimbabwe mirrors this conceptualisation of sexual minority rights and both laws and jurisprudence have depicted this intolerance, opting to be associated with the conventional view that shun...
ABSTRACT A system of justice that offers the citizens irrespective of gender, place of origin, social standing and circumstances of birth equal access to justice and fair hearing in criminal cases is indispensable in a democratic dispensation. This is highly desirable in Nigeria, particularly after long years of military rule that disregarded human rights and due process, This thesis is concerned with the right to fair hearing and the criminal process in Nigeria, with Lagos Metropolis as the ...
Abstract Strike action commonly referred to as “strike” occupies a central position in labour relations in that it seeks to strengthen the bargaining power of employees than would otherwise be the case if it were a matter of each employee facing the employer on their own. In other words, strike action is concerned with the need to bring about equilibrium in industrial relations between two competing interests; labour and capital1 . Strike action refers to the collective and concerted with...
ABSTRACT This dissertation explores the legal regulation of children recruitment and participation in armed conflict under international humanitarian law (IHL), addressing how IHL protects children aged between 15 and 18 years. It assesses whether IHL has done so in a manner which proffers adequate legal protection such that there is no need for other branches found international law to chip in to close gaps or weaknesses. This dissertation interrogates the IHL regime as well as other discou...
Abstract INTRODUCTION Gender equality is a fundamental principle of the democracy1 . Zimbabwe has a dual legal system2 in which the general law and customary law are applicable in inheritance and succession matters3 . The inheritance pattern is determined by the marriage regime whether one is married under customary law or general law4 . Intestate inheritance under the general law is governed by Section 3(A) of the Deceased Estates Succession Act5 , which provides for the surviving spouse a...
TABLE OF CONTENTS CHAPTER 1: ............................................................................................................................................. 1 An outline of the study. ......................................................................................................................... 1 1.1 Introduction: ............................................................................................................................... 1 1.2 Background of the study...
Abstract Economists have long recognized that the transfer of technology (TT) is at the heart of the process of economic growth.1 As such, they argue that the progress of both developed and developing countries depends on the extent and efficiency of such transfer.2 TT itself is a mechanism for the shifting of information across borders and its effective diffusion into recipient economies. This can include the technology itself, trade terms and intellectual property rights, and policies of te...
ABSTRACT The crux of the study is the analysis of whether devolution of governmental powers can be used as a mechanism to achieve the realisation of the right to development in Zimbabwe. The study brings devolution into context analysing what devolution entails. An evaluation of the right to development and its fundamental principles such as transparency is also undertaken in order to examine the point of harmony of the two principles of devolution and the right to development. The study furt...